The Uttar Pradesh Nodal Investment Region for Manufacturing (Nirman) Kshetra Act, 2024

1. (1) This Act may be called the Uttar Pradesh Nodal Investment Region for Manufacturing (NIRMAN) Kshetra Act, 2024.

1. (2) It shall extend to the whole of the State of Uttar Pradesh:
2. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint : Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to coming into force of that provision.

2. In this Act, unless the context otherwise requires, -

1. (a) "abadi" or "village abadi" means land as defined in section 4 of the Uttar Pradesh Revenue code, 2006 - such area in a village which, on the date of commencement of this Code, is being used for the purposes of residence of its inhabitants or for purposes ancillary thereto such as sahan and green trees, wells etc. or which may have been or be hereafter reserved for such use;
2. (b) "agency" means any Department of the State Government or a local authority or any statutory Board, Corporation or any other authority established by the State Government and entrusted with the powers and responsibility for grant or issue of clearances in connection with the setting up or operation of an enterprise in the State.
3. (c) "amenities" means basic and essential services including but not limited to road, bridge, by-pass and underpass, drainage, water supply, collection-treatmentdischarge and disposal of industrial, institutional and township waste, health, education, transport, disaster management, parks, green areas, gas pipeline, entertainment, hospitality, recreation, industrial parks, townships, institutional areas and other facilities of conveniences as the Board may specify;
4. (d) Board means the apex governing board constituted under section 7 of this Act.
5. (e) "building" means any structure or erection, or any part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes whether in actual use or not;
6. (f) clearances means grant or issue of no objection certificate, allotment, consent, approval, permission, registration, enrolment, licence by any authority in connection with the setting up of enterprise in the State or expansion of existing enterprise.
7. (g) concession agreement shall have the same meaning as assigned to it in the Public Private Partnership Projects;
8. (h) "developer" means a person or entity with whom a concession agreement is entered into or a project has been awarded and such other agreement is entered into for furtherance of the objectives of this Act;
   • (i) "development", with its grammatical variations and connotations, means the carrying out of building, engineering, mining or other operations in, or over, or under any land (including land under river, lake or any other water) or the making of any material change in any building or land or in the use of any building or land, and includes redevelopment and lay-out, and sub-division of any land and also the provision of public and civic facilities and projects and schemes for development of agriculture, horticulture, floriculture, forestry, dairy development, poultry farming, piggery, cattle breeding, fisheries and other similar activities, and 'to develop' shall be construed accordingly;
9. (j) "development scheme" means a scheme for the purpose of implementation of Master Development Plan or Zonal Development Plan or to provide for development of any area.
10. (k) "economic activity" means the activity and service relating to market transactions, including industrial and commercial sectors such as manufacturing, power, water, financial, processing, packaging, retail and wholesale trade, logistics, transport, tourism, hospitality, health, housing, entertainment, research, development, education, training, skill development, information and communication, management, consultancy and such other activities and services. (l)"Government" means the State Government of Uttar Pradesh;
11. (m) "Government agency" means a Corporation or a body owned or controlled by the State Government or an authority established by or under any law of the State and includes a local authority and a Government Company formed under the Companies Act, 2013 (Act no. 18 of 2013);
12. (n) "industrial area" shall have the same meaning as assigned to it in the Uttar Pradesh Industrial Area Development Act, 1976 (U.P. Act no. 6 of 1976);
13. (o) "infrastructure facility" means road, bridge, bypass, underpass, water supply, drainage, collection-treatment-discharge and disposal of industrial, institutional and township waste, transport, electricity, post, telecommunication, disaster management, gas pipeline, and such other facility and includes any kind of public and civic facility;
14. (p) "infrastructure project" means any project or facility, utility, amenity or service which is required for desirable, smooth, productive and efficient functioning of the NIRMAN Kshetra and includes such project within the NIRMAN Kshetra, connecting the NIRMAN Kshetra or required for it;
15. (q) "local authority" means a Panchayati Raj Institution, a municipality, Uttar Pradesh Housing Board, an Urban Improvement Trust, or a Development Authority constituted by or under any Uttar Pradesh law;
16. (r) "municipal services" means arrangement for public health, sanitation, solid waste management, drainage and sewerage, cleaning public streets or places, sewers and drains, lighting public streets or places, extinguishing fires, regulating offensive or dangerous trades or practices, removing obstructions and projections in public streets or places, securing or removing dangerous buildings, regulating disposal of carcasses of dead animals, naming streets and numbering houses, regulating the movement of dogs, cattle and other animals, and includes arrangement for such other services as are provided by a municipality in a municipal area;
17. (s) "NIRMAN Kshetra" means an industrial area declared under section 3 of this Act;
18. (t) "NIRMAN Kshetra Authority" means a regional development authority constituted for the NIRMAN Kshetra under section 10 of this Act.
19. (u) "NIRMAN Kshetra Committee" means the governing committee of the NIRMAN Kshetra authority as constituted in section 12 of this Act.
    • (v) "occupant" means a person who is in the legal possession of a site or building in the NIRMAN Kshetra and includes his successor, transferee and assignee;
20. (w) "periphery" means the adjoining area of a NIRMAN Kshetra declared as such under section 4 of this Act.
    • (x) "person" means and includes an individual, an entity, a company, firm, organization, association, society, establishment, institution including Government agency, carrying on business or economic activity in the NIRMAN Kshetra or entrusted with any work under the provisions of this Act;
21. (y) "prescribed" means prescribed by rules made by the Government under section 48 of this Act;
22. (z) "public and civic facility" means open space, garden, zoological garden, natural reserve, sanctuary, play ground, stadium, recreation ground, public assembly ground, theater, place for public gathering or entertainment, museum, art gallery, public lavatory, green belt, housing, school, college and other educational institution, hospital and other health and medical facility, social welfare and cultural facility, parking facilities and all other kind of facility for public and civic purpose as may be prescribed.
23. (aa) "rules" means the rules made by the Government under section 48 of this Act;
24. (bb) "regulations" means the regulations of the Board made under section 49 of this Act;
25. (cc) "stipulated time" means the maximum time as notified by the Government from time to time to provide clearance, or to adjudicate on any appeal presented before the Appellate Authority."
26. (dd) "unit" means a unit set up by a person for the purpose of carrying on any economic activity in NIRMAN Kshetra and includes an existing unit whether established before or after the commencement of this Act;
27. (ee) "user charges" mean the charges levied by the Regional development authority, a developer or any other entity authorized for that purpose under this Act.

3. (1) The State Government may, by notification in the Official Gazette, declare any area of land, including an industrial area to be a NIRMAN Kshetra: Provided that the area declared should not be less in size than such minimum area as is notified by the Government from time to time.

1. (2) Every notification issued under sub-section (1) shall be laid before the State Legislature as soon as may be after it is issued.
2. (3) Upon any area being declared as NIRMAN Kshetra under the provision of this Act, such area including its periphery, if included in the master plan or the zonal development plan under the Uttar Pradesh Industrial Area Development Act, 1976 or Uttar Pradesh Urban Planning and Development Act, 1973, or any development plan under any other Uttar Pradesh Act, shall with effect from the date of such declaration be deemed to be excluded from any such plan.

4. (1) The State Government may, by notification in the Official Gazette, declare such of the outer area on any side adjoining a NIRMAN Kshetra, to be the periphery of the NIRMAN Kshetra as it deems fit.

1. (2) On declaration of an area under sub-section (1) as periphery of a NIRMAN Kshetra, -
   • (a) the NIRMAN Kshetra Authority of the NIRMAN Kshetra shall be the NIRMAN Kshetra Authority for the periphery of the NIRMAN Kshetra;
   • (b) the powers and functions of the NIRMAN Kshetra Authority, Committees and the Board shall extend to the periphery of the NIRMAN Kshetra.
2. (3) In order to regulate the developments in the periphery area, the NIRMAN Kshetra Authority may prepare separate Master Development Plan and Development Scheme for the periphery area in accordance with the provisions of this Act.

5. (1) Notwithstanding anything contained to the contrary in any Uttar Pradesh Act, where a NIRMAN Kshetra including its periphery or any part thereof is specified to be an industrial township under the proviso to clause (1) of Article 243-Q of the Constitution, such NIRMAN Kshetra or part thereof, if included in a Panchayat area, shall with effect from the date of notification made under the said proviso, stand excluded from such Panchayat area and no Panchayat shall be constituted for such NIRMAN Kshetra or part thereof under the United Provinces Panchayat Raj Act, 1947 or the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961, as the case may be, and any Panchayat constituted for such industrial development area or part thereof before the date of such notification shall cease to exist. EXPLANATION: The expression “Panchayat and Panchayat area” shall have the meanings assigned to them in Part IX of the Constitution.

1. (2) On and from the date of notification under sub-section (1), subject to prior permission and any general or special orders which the State Government may make in this regard, the NIRMAN Kshetra Authority shall Act as the authority for local administration, taking decisions and steps for assessment, imposition, and recovery of taxes under this section, for the said region and no other local authority shall have jurisdiction for this purpose.
2. (3) The assessment, imposition, and recovery of property tax under this Act by the NIRMAN Kshetra Authority shall be in such manner, as may be prescribed.
3. (4) Defined percentage of the property tax collected by the NIRMAN Kshetra authority shall be remitted to the Local Authority from which the area of NIRMAN Kshetra is carved out. This percentage shall be defined by the NIRMAN Board from time to time.

6. (1) A NIRMAN Kshetra declared under this Act and the periphery thereof except the abadi area, including land set apart for development of abadi, of a village and the municipal area, shall cease to be under the jurisdiction of a local authority to the extent it relates to the provisions made in this Act.

1. (2) While preparing the Master Development Plan for the NIRMAN Kshetra, the Regional Development Authority shall take into account the development plan, if any, prepared by the respective local authorities

10. (1) The State Government may, by notification in the Official Gazette, constitute a NIRMAN Kshetra Authority for a NIRMAN Kshetra, which shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of movable and immovable property and to contract, and by its name, to sue and be sued.

1. (2) Notwithstanding anything contained in sub-sections (1), (3),(5),(6), the State Government may, by notification in the Official Gazette, constitute a NIRMAN Kshetra Authority for a NIRMAN Kshetra by designating an existing development authority or any other Government agency or Government Company as the NIRMAN Kshetra Authority for that NIRMAN Kshetra.
2. (3) The remuneration, allowances, and other conditions of service of the non-official members of NIRMAN Kshetra Authority as well as the NIRMAN Kshetra committee shall be such as may be prescribed by rules.
3. (4) The NIRMAN Kshetra Authority shall consist of the following:-
   • (a) Chief Executive Officer to be appointed by the State Government: Provided that the officer is not below the rank of Secretary.
   • (b) two or more Additional CEOs to be appointed by the State Government.
   • (c) two ex-officials of the Central Government or Pollution Control Board, who have experience in dealing with Environmental aspects.
   • (d) two representatives from the industry or service or business sector to be nominated by the State Government.
   • (e) members on deputation from respective agency of the State Government to carry out the functions of the Act and to grant clearances in a time bound manner.
   • (f) other official or non-official members to be nominated or appointed by the State Government.
4. (5) The headquarters of a NIRMAN Kshetra Authority shall be at such place as the State Government may, by notification in the Official Gazette, specify.
5. (6) No act or proceeding of the NIRMAN Kshetra Authority shall be invalid merely by reason of any vacancy therein or any defect in the constitution thereof.

11. (1) The powers and the functions of the NIRMAN Kshetra Authority shall be as follows

1. (a) to secure planned development of the NIRMAN Kshetra and take steps for its effective regulation and efficient management;
2. (b) to grant permission and approval, with or without modification, for any economic activity to be established in the NIRMAN Kshetra and its periphery including integrated development in large area in the NIRMAN Kshetra;
3. (c) to acquire, procure and hold land within the NIRMAN Kshetra by purchase, land pooling, lease, exchange, agreement or any other legal means as required to expediate the process;
4. (d) to procure land for the NIRMAN Kshetra in accordance with Chapter IX;
5. (e) to give directions to any Government agency or persons functioning in the NIRMAN Kshetra or the periphery thereof in matters pertaining to plans and schemes prepared;
6. (f) to promote private sector participation in development and implementation of Development Schemes;
7. (g) to raise finance from market including financial and multilateral institutions;
8. (h) to allot land or to withdraw/ cancel allotment of land;
   • (i) to modify or cancel permission to develop subject to the provisions of the Act and rules;
9. (j) to regulate the development activities in the NIRMAN Kshetra in accordance with the plans and schemes prepared and the building regulations made by the NIRMAN Kshetra Authority in this behalf;
10. (k) to enter upon any land or building to carry out surveys, make enquiry, inspection, examination, or measurement, with due process as prescribed in the rules;
11. (l) to make arrangements for observance and promotion of safety, order, health and environmental safeguards, disaster management for the NIRMAN Kshetra;
12. (m) to engage consultants or persons having special knowledge or skill to assist it in performance of its functions;
13. (n) to negotiate and enter into any contract including by way of public private partnership;
14. (o) to administer its funds;
15. (p) to constitute committees for proper regulation of traffic, environment, building, land uses and any other purposes to achieve the objects of this Act;
16. (q) to subscribe for shares in a company with the prior approval of the "NIRMAN Kshetra Committee"and enter into joint venture agreement with any person or body upon such terms and conditions as may be approved by the State Government;
17. (r) to enter into concession agreements with the approval of the State Government;
18. (s) to accept grants and donations;
19. (t) to carry out surveys and prepare and execute plans and schemes prepared for development of the NIRMAN Kshetra
20. (u) to classify, earmark, demarcate and develop the NIRMAN Kshetra and the periphery for purposes and usages, inter alia, for any economic activity, infrastructure facility including housing and industrial areas and public and civic facility and to encourage and promote aesthetics, efficiency and generate revenues in the process of development;
    • (v) to ensure provision of sufficient infrastructure facility and public and civic facility and to make sustainable arrangements for adequate maintenance thereof;
21. (w) to conduct, prepare and assess the techno-commercial, economic and environmental feasibility studies relating to infrastructure projects;
    • (x) to regulate, grant, suspend, withdraw or cancel approvals and permissions for economic activity in accordance with the provisions of this Act.
22. (y) to remove encroachments and constructions not duly authorized or which are made in violation of this Act or rules or regulations made thereunder.
23. (z) to update NIRMAN Kshetra Board and/ or NIRMAN Kshetra Committee on planning, development, operation, maintenance, management and regulation of the NIRMAN Kshetra and its projects and implement the directions, policies, guidelines and parameters issued by the State Government and the Board on matters relating thereto;
24. (aa) to draft rules under such Acts which shall be applicable to the NIRMAN Kshetras and their periphery only, using powers given to the State Government under the respective State and Central Acts, rules, regulations, notifications, as the case may be and submit to State Government for approval
25. (bb) to draft the regulations on matters specified in section 49;
26. (cc) to globally market the NIRMAN Kshetra and its projects
27. (dd) to provide public and civic facilities within the NIRMAN Kshetra; (ee) to provide municipal services within the NIRMAN Kshetra;
28. (ff) to plan, develop, operate, maintain, manage and regulate the periphery in accordance with the provisions of this Act;
29. (gg) to provide urban transport facility for the NIRMAN Kshetra;
30. (hh) to levy and collect such fees, development charges, or user charges as may be ascertained and fixed by the NIRMAN Kshetra Authority. The NIRMAN Board or NIRMAN Kshetra Committee may from time to time suggest changes, recommendations on said fees, user charges;
    • (ii) to appoint such officers and staff subordinate to the NIRMAN Kshetra Authority as it may consider necessary for the efficient discharge of its functions, on such conditions of appointment and service and with such powers, functions and duties as it may determined by the provisions of the Act and the regulations thereunder; and
31. (jj) to exercise such other powers and discharge such other functions as may be necessary or expedient to carry out provisions of this Act and such other functions as may be assigned to it by the State Government or the Board.

1. (2) Notwithstanding anything contained in the relevant Acts, rules or any existing instructions of the State Government, the NIRMAN Kshetra Authority may frame its own general development regulations and the same shall prevail for developments in the NIRMAN Kshetra;
2. (3) For the purpose of this section and with any other requirement for proper planning, management and development of the NIRMAN Kshetra, the NIRMAN Kshetra Authority may issue such direction or instruction as it may consider necessary to any person, unit, entity, developer or any other stakeholder in the NIRMAN Kshetra and the person, unit, entity, developer or the stakeholder, as the case may be, shall be bound by such directions or instructions.

12.(1) The State Government may, by notification in the Official Gazette, constitute a "NIRMAN Kshetra Committee" which shall consist of the following as appointed by the State Government:- ChairpersonInfrastructure and Industrial Development Commissioner, Government of Uttar PradeshVice ChairpersonPrincipal Secretary, Infrastructure and Industrial Development Department, Government of Uttar PradeshMemberAdditional Chief Secretary/ Principal Secretary,Finance Department, Government of Uttar Pradesh Member Additional Chief Secretary/ Principal Secretary, Stamp and Registration Department, Government of Uttar Pradesh Member Additional Chief Secretary/ Principal Secretary, Public Works Department, Government of Uttar Pradesh MemberAdditional Chief Secretary/ Principal Secretary, Housing and Urban Planning Department, Government of Uttar PradeshMemberDivisional Commissioners of the Divisions in which NIRMAN Kshetra falls MemberDistrict Magistrates of the Districts in which Nirman Kshetra falls Member SecretaryChief Executive Officer, NIRMAN Kshetra Authority

13. (1) The "NIRMAN Kshetra Committee" shall have the following powers and functions:-

1. (a) sanction, reject, amend, or return with recommendations/ suggestions to the draft master plan submitted by the NIRMAN Kshetra Authority for approval;
2. (b) monitor the development of NIRMAN Kshetra and exercise powers of appellate authority as given to it under this Act;
3. (c) exercise powers to grant relevant approvals as given to it under this Act.

14. (1) The NIRMAN Kshetra Committee shall be the "Appellate Authority" for the purposes of this Act.

1. (2) Any person aggrieved by the decision of the NIRMAN Kshetra Authority may within a period of thirty days from the date of receipt of communication of the decision of the Committee, appeal to the appellate authority in such manner, as may be prescribed.
2. (3) The appellate authority shall, after following such procedure as may be prescribed, dispose of the appeal within the period of one month from the date of its receipt.

15. The NIRMAN Kshetra Authority may constitute an Executive Committee and such other committees consisting of such number of its members for performance of its functions as may be specified by regulations: Provided that the core functions of the NIRMAN Kshetra Authority such as preparation of the development plan, town planning scheme and the general development regulations shall not be delegated to any committee of the NIRMAN Kshetra Authority.

16. (1) The NIRMAN Kshetra Authority shall exercise, within the NIRMAN Kshetra and its periphery, all powers of any "agency" as devolved upon the agency under respective Acts, rules or regulations or notifications, if any, regarding grant of clearances and incentives in time bound manner and specifically mention such powers in the rules prescribed.

1. (2) The "agency" shall devolve its power to the members of the NIRMAN Kshetra Authority for grant of clearances and incentives under its respective Acts, rules or regulations, notifications, if any, as may be prescribed.
2. (3) In case any agency is unable to devolve its power to the NIRMAN Kshetra Authority, it shall delegate such powers to its officer deputed in the NIRMAN Kshetra Authority.
3. (4) The NIRMAN Kshetra Authority shall perform the following functions within the NIRMAN Kshetra to facilitate ease of investment, namely: -
   • (a) to adopt such procedure for transaction of its business, as may be prescribed;
   • (b) to process online composite application forms for grant of clearances for setting up of new projects or expansion of existing units with such proposed investments, as may be prescribed.
   • (c) to inform the entrepreneur the date on which such application may be deemed to have been approved in the case of deemed clearances;
   • (d) to Act as single point agency for resolution of issues pertaining to multiple departments and settling the inter-departmental disputes of the existing industrial units;
   • (e) to carry out such other functions, as may be assigned to it by the NIRMAN Board or the State Government.
4. (5) The NIRMAN Kshetra Authority shall be the final authority for granting clearances. The clearances given by the NIRMAN Kshetra Authority shall be binding on the agency concerned.
5. (6) The NIRMAN Kshetra Authority may appoint from time to time, any subcommittee under the Chairmanship of the Chief Executive Officer to assist it in carrying out its functions and to facilitate investment in the NIRMAN Kshetra.

17. (1) Upon failure of the NIRMAN Kshetra Authority to issue clearance to any legitimate application filed in compliance with the relevant Acts or rules, policy, guidelines, within the stipulated time, the application shall be deemed to have been issued with such clearance.

1. (2) Notwithstanding anything contained in sub-section (1), the NIRMAN Kshetra Authority may, within the first thirty days of the submission of the completed application, ask for additional information from the applicant: Provided that such request for additional information shall be made only twice by the NIRMAN Kshetra Authority.
2. (3) In case the additional information furnished by the applicant to the NIRMAN Kshetra Authority is found to be insufficient or unsatisfactory upon scrutiny, the NIRMAN Kshetra Authority shall be at liberty to reject the application within the stipulated time by issuing an order in writing by giving reasons for rejecting the application: Provided that in case no order is issued within the stipulated time by theNIRMAN Kshetra Authority, the application shall be deemed to have been issued clearance.
3. (4) The deemed clearance shall, for all intents and purposes, carry the weight of a clearance granted by the NIRMAN Kshetra Authority under the relevant Act or any rules, policy, guidelines framed thereunder.The NIRMAN Kshetra Authority shall provide an automatically generated certificate through an online portal on the day any application is deemed to have been issued clearance.
4. (5) All clearances granted under the relevant Act or any rules, policy, guidelines framed thereunder, shall automatically be renewed on submission of an undertaking by the applicant that there is no change in the parameters against which renewal is sought and on submission of requisite fee: Such renewals shall be online, automatic, and non-discretionary.
5. (6) NIRMAN Kshetra Authority may, through an order issued in writing, delineating the reasons thereof, revoke the deemed clearance granted under section 17, within an inspection period, as defined by the NIRMAN Board from time to time for each clearance, from the grant of deemed clearance, if any submission made by the applicant in the Common Application Form or any supporting document is found to be false or fraudulent, or the applicant’s business being run or established on the basis of deemed clearance issued by the Government is found to be in violation of any provision of the relevant Act or any rules, policy, guidelines framed thereunder, and such a fact is brought to the notice of the Department or agency concerned.
6. (7) The provisions contained in section 17 shall not debar the NIRMAN Kshetra Authority from carrying out inspections with due process to ensure compliance of conditions of the relevant Act or any rules, policy, guidelines framed thereunder.

18. (1) As soon as may be after the constitution of a NIRMAN Kshetra Authority for a NIRMAN Kshetra, the NIRMAN Kshetra Authority shall, subject to general or specific directions of the State Government or the Board, carry out, or appoint an agency as it may deem fit to conduct a civic survey and prepare an existing land use map and prepare a draft Master Development Plan for the area declared as the NIRMAN Kshetra and the periphery, if any, in accordance with the provisions of this Act.

1. (2) The NIRMAN Kshetra Authority shall on preparation of the Draft Master Development Plan for the NIRMAN Kshetra invite comments, objections and suggestions from the NIRMAN Kshetra Board, the State Government and public. The NIRMAN Kshetra Authority may consider the comments and may incorporate such changes as it may deem fit in the draft master development Plan.
2. (3) The “NIRMAN Kshetra Committee” may, by notification in the Official Gazette sanction the draft Master Development Plan submitted to it, either without modification, or subject to such modifications as it may consider proper or return the draft Master Development Plan to the NIRMAN Kshetra Authority for modifying the Master Development Plan as it may direct, or refuse to accord sanction and direct the NIRMAN Kshetra Authority to prepare a fresh Master Development Plan.
3. (4) The NIRMAN Kshetra Committee shall decide on the draft master development within sixty days from the date of preparation of the draft master development plan in accordance with provisions of sub-section (3).

19. (1) If, before the coming into force of this Act, the State Government has notified a Master Development Plan for any area of the NIRMAN Kshetra, the Master Development Plan prepared by that agency, with such alterations and modifications as the NIRMAN Kshetra Authority may consider appropriate, shall be the Master Development Plan for that area of the NIRMAN Kshetra after sanction from the "NIRMAN Kshetra Committee".

1. (2) If any area of any local authority is included in the NIRMAN Kshetra, the Master Development Plan prepared by that local authority or the development authority shall, with such alterations and modifications as the NIRMAN Kshetra Authority may consider appropriate, be the Master Development Plan for that area of the NIRMAN Kshetra after sanction by the "NIRMAN Kshetra Committee".

20. (1) A NIRMAN Kshetra Authority may give directions to any Government agency or person, with regard to implementation of any plan or scheme prepared under this Chapter, as it thinks fit and such agency or person shall be bound to comply with such directions.

1. (2) Where any direction is given to any agency or person under sub-section (1), such Government agency or person may, within fifteen days from the date of receipt of such direction, appeal to the NIRMAN Kshetra committee against such direction, and the decision of the NIRMAN Kshetra committee thereon shall be final.
2. (3) A NIRMAN Kshetra Authority shall exercise such powers as may be necessary to ensure that every plan and scheme sanctioned under this Chapter is executed in the interest of achieving the purposes of this Act.

21. (1) The NIRMAN Kshetra Authority shall be the single point of contact for approvals for starting any economic activity or setting up a unit, amenity or infrastructure in the NIRMAN Kshetra and shall also be the nodal agency for providing single window clearance.

1. (2) On approval of the proposal, the NIRMAN Kshetra Authority or the agency specified by it shall issue a letter of approval to the person who has made a proposal under this section.
2. (3) After issuance of the letter of approval, the NIRMAN Kshetra Authority or the agency specified by it, shall offer the concerned part of the land, premises, facilities or amenities to the concerned unit or person. (4)The NIRMAN Kshetra Authority or the agency specified by it may offer the package, scheme or incentives for an economic activity, amenity or infrastructure in the NIRMAN Kshetra as per existing policy or direction of the State Government. (5)"NIRMAN KshetraAuthority"may, depending upon the availability of land and/or building and the requirements of the person who has received a letter of approval, allot land and/or building and allow the applicant to use the infrastructure facility and public and civic facility in accordance with this Act.

22. The NIRMAN Board may set up or designate a "Government agency", including a Government company, formed under the Companies Act, 2013 (Act no. 18 of 2013) as the project development agency and assign it the powers and functions relating to project development of a NIRMAN Kshetra and its periphery.

23. (1) The NIRMAN Kshetra Authority may transfer the possession of its assets, including the land granted by the State Government, its agencies or local authority, as the case may be, to a Government company for development of infrastructure and amenities in the NIRMAN Kshetra, with the approval of NIRMAN Kshetra Committee.

1. (2) Public assets, including land and rights thereon shall be given possession or conferred to a private entity for a project as per agreement or as the case may be, for the purpose of development of infrastructure and amenities in the NIRMAN Kshetra as per the concession agreement approved under Public Private Partnership guidelines.

24. The NIRMAN Kshetra Authority may enter into agreement with a developer for carrying out any project or work in the NIRMAN Kshetra.

25. A person or an entity, having under his possession, the minimum contiguous area in the NIRMAN Kshetra as specified by the Board, from time to time and intending to undertake integrated development of the said area with economic activity and amenities, may apply to the NIRMAN Kshetra Authority or the agency specified by it: Provided that such development shall be subject to the development plan, the general development regulations and such other conditions as the NIRMAN Kshetra Authority or the agency specified by it, may deem fit.

26. (1) Notwithstanding anything contained in the Uttar Pradesh Revenue Code 2006 (Act no. 8 of 2012), the land excluding private and non-government land, situated in a NIRMAN Kshetra, shall(except abadi area and the land set apart for development of abadi of a village and the municipal area and the land vested in any local authority by virtue of a State Act prior to the commencement of this Act), immediately on constitution of the NIRMAN Kshetra Authority under section 10, be deemed to have been vested in and placed at the disposal of the NIRMAN Kshetra Authority on behalf of the State Government and the NIRMAN Kshetra Authority may use the same for the purposes of this Act and may dispose of the same subject to such conditions as the State Government may, from time to time, lay down and in such manner, as it may, from time to time, prescribe by rules, -

1. (a) without undertaking or carrying out any development thereon; or
2. (b) after undertaking or carrying out such development as it thinks fit, to such person, in such manner and subject to such covenants and conditions, as it may consider proper.

1. (2) If the State Government is satisfied that any land vested in any local authority or Department of the State Government is required at any time by the NIRMAN Kshetra Authority for carrying out its functions, it may, notwithstanding anything contained in any Uttar Pradesh law, by notification in the Official Gazette, place such land at the disposal of the NIRMAN Kshetra Authority on such terms and conditions as it may deem fit: Provided that before taking any action under this sub-section, the State Government shall give an opportunity of hearing to the local authority concerned.
2. (3) If any land vested in the NIRMAN Kshetra Authority is required at any time by any local authority for carrying out its functions or by the State Government for any other purpose, the State Government may, by notification in the Official Gazette, place such land at the disposal of such local authority or any Department of the State Government on such terms and conditions as it may deem fit: Provided that before taking any action under this sub-section, the State Government shall give an opportunity of hearing to the NIRMAN Kshetra Authority concerned. (4) The State Government may, for the purposes of this Act, acquire land in accordance with the provisions of the law or policy relating to land acquisition, in force, at the time of acquisition. (5) The State Government may transfer land owned, acquired, or controlled by it to the NIRMAN Kshetra Authority for the purposes of this Act as per laws relating to land revenue.
3. (6) Where any land or any other property of the Government agencies are transferred and vested in the NIRMAN Kshetra Authority under this Act, and compensation, if any, for such land and other property is to be paid to such Government agencies, the compensation shall be such as may be decided by the State Government.

27. A NIRMAN Kshetra Authority may, on such terms and conditions as it may decide, procure by purchase, lease, exchange, agreement or any other legal means, including by way of land pooling, any land required by the NIRMAN Kshetra Authority for carrying out its functions.

28. Any land vested in, transferred to or placed at the disposal of a NIRMAN Kshetra Authority or procured by it under the provisions of this Act shall be available for disposal by the NIRMAN Kshetra Authority under this Act in accordance with the rules made in this behalf.

29. (1) The State Government may, by notification in the Official Gazette, declare the whole or any part of the NIRMAN Kshetra and the periphery, if any, to be controlled area for the purposes of this Act.

1. (2) No land within the controlled area, for which a Master Development Plan has not been notified, shall, except with the permission of the NIRMAN Kshetra Authority granted in the manner prescribed by the regulations, be used for purposes other than those for which it was used on the date of notification under sub-section (1).

30. (1) From the date of notification of the Master Development Plan, no "agency" or Government agency or any other person shall, within the area included in the Master Development Plan, institute or change the use of any land or building or undertake, or grant any permission for any development unless the NIRMAN Kshetra Authority has given specific approval for the same in the manner specified by the regulations.

1. (2) No local authority shall undertake, or grant any permission for any development within the area included in the Master Development Plan, unless it has obtained the approval of the NIRMAN Kshetra Authority in the manner specified by the regulations.

31. If it appears to a NIRMAN Kshetra Authority that it is necessary or expedient having regard to the general development, operation, maintenance and management of the NIRMAN Kshetra or periphery, that the permission or approval granted under this Act should be revoked or modified, it may by an order revoke or modify the permission to such extent as it appears to be necessary after approval from the Board.

32. (1) A NIRMAN Kshetra Authority or any officer authorized by it in this behalf shall have the power to remove any obstruction or encroachment and the expenses of such removal shall be recovered from the person who has caused the said obstruction or encroachment.

1. (2) Whoever makes any encroachment on any land or building owned by or vested in a NIRMAN Kshetra Authority or on any land or building not being a private property, whether such land or building belongs to or vests in the NIRMAN Kshetra Authority,shall, on conviction, be penalized with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees.

33. (1) A NIRMAN Kshetra Authoritymay,-

1. (a) institute, defend or withdraw from any legal proceeding; or
2. (b) admit, compromise or withdraw any claim made in any legal proceeding or otherwise:
3. (c) Provided that no withdrawal from prosecution for an offence under this Act shall be made except with the permission of the Court.

34. (1) The NIRMAN Kshetra Authority shall make provisions and take steps for recovery of dues, rent and charges from the occupants of premises and amenities in the NIRMAN Kshetra and its periphery.

1. (2) The pending dues, if any, on proposal and certification in this regard by the NIRMAN Kshetra Authority, shall be recovered or collected as arrears of land revenue.

35. The NIRMAN Kshetra Authority may,in consultation with the NIRMAN Kshetra Committee, may make provisions by regulations for eviction of the occupants from any premises in the NIRMAN Kshetra for violation of any guidelines or regulations issued under this Act or non-compliance of the provisions of this Act.

36. (1) Subject to the provisions of this Act, a NIRMAN Kshetra Authority may create such funds for such purposes as it may determine from time to time, to which, shall be credited all moneys received by it, including, -

1. (a) initial contribution by the State Government towards a revolving fund of ₹500 crores to be established by every NIRMAN Kshetra Authority under this Act;
2. (b) all money received from the Central Government, State Government, or any other person by way of grants, donations, loans, advances or otherwise; (c) all fees and user charges received by the NIRMAN Kshetra Authority under this Act; and
3. (d) all moneys received by the NIRMAN Kshetra Authority towards lease, premium or cost of land and/or building.

1. (2) The fund shall be applied towards meeting the expenses incurred by the NIRMAN Kshetra Authority in performing its functions and for administration of the provisions of this Act.
2. (3) The accounts of the Regional Development Authority shall be prepared and maintained in such form and in such manner as may be prescribed by rules.
3. (4) The Accounts of every NIRMAN Kshetra Authority shall be subject to audit in the manner as may be prescribed by rules.
4. (5) The Regional Development Authorities shall pay from their funds the charges for their respective audit as may be prescribed by rules.
5. (6) The Authority shall prepare, in such form and at such time each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the State Government.
6. (7) The State Government shall cause the annual report and auditors’ report to be laid, as soon as may be after they are received, before each House of the State Legislature.

37. Subject to approval of the Board, a NIRMAN Kshetra Authority may borrow and raise loans from any source including by issue of bonds, debentures and other instruments for carrying out the purpose of this Act or for servicing any loan obtained by it, up to such limits and on such rates and other conditions as the State Government may specify.

38. A NIRMAN Kshetra Authority may give loans to or share expenses with any person for any project, including an infrastructure project, subject to such limitations and conditions as the State Government may, from time to time, specify.

39. (1) The NIRMAN Kshetra Authority shall set up a Grievance Redressal Committee comprising of three of its members and officers including a law officer of appropriate designation as may be decided by it to redress the grievances and resolve the Civil disputes originating in the NIRMAN Kshetra and its periphery.

1. (2) Any person aggrieved by the decision of the Grievance Redressal Committee may appeal to the Dispute Settlement Committee formed under section 41.
2. (3) For the purpose of deciding the dispute, the Grievances Redressal Committee and the Dispute Settlement Committee shall frame the guidelines, including the time frame in this regard and both the Committees shall follow the principles of natural justice while dealing with the grievances.

40. Notwithstanding anything contained in any law of the State of Uttar Pradesh, any dispute relating to territorial or functional jurisdiction between a NIRMAN Kshetra Authority and any local authority, if not amicably settled, shall be referred to the State Government and the decision of the State Government thereon shall be final.

41. The State Government may, by notification, form a Dispute Settlement Committee consisting of such number of members as may be specified by it, to deal with the disputes against the NIRMAN Kshetra Authority or those arising in any manner in the NIRMAN Kshetra and brought before it or those which could not be resolved or settled by the Grievance Redressal Committee.

42. Save as otherwise provided in this Act, the provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other State laws for the time being in force or any instrument having effect by virtue of any such law.

43. The land needed for the purposes of a town planning scheme, development plan or an infrastructure project under this Act shall deemed to be the land needed for public purpose under clause (za) of section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act no. 30 of 2013).

44. All members, officers and employees of the board, the NIRMAN Kshetra Authority, the nodal company and other Government company or project development agency shall, while acting or purporting to Act in pursuance of the provisions of this Act or the rules and regulations made thereunder, be deemed to be public servants within the meaning of clause (28) of section 2 of the Bhartiya Nyaya Sanhita, 2023 (Act no. 45 of 2023):br Provided that until the Bhartiya Nyaya Sanhita, 2023 (Act no. 45 of 2023) is brought into force, section 21 of the Indian Penal Code, 1860 (Act No. 45 of 1860) shall be applicable in place of the said Act.

45. No suit, prosecution or other legal proceeding shall lie against the board, the NIRMAN Kshetra Authority, NIRMAN Kshetra Committee, nodal company, other Government company or project development agency or any of their committees, members, officers and employees, for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act or any rules and regulations made thereunder.

46. (1) Notwithstanding anything contained in this Act or the rules or regulations made thereunder, units and amenities set up in any Special Economic Zone falling under NIRMAN Kshetra shall continue to be governed by and shall avail the benefits under the Special Economic Zones Act, 2005 (Central Act no. 28 of 2005).br

1. (2) The developer of a Special Economic Zone shall take into account the plans and schemes prepared by the NIRMAN Kshetra Authority in accordance with Chapter VII while finalizing any activity within the Special Economic Zone

47. (1) No civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter related to civil disputes in the NIRMAN Kshetra and its periphery in respect of any order made or to be made or any action taken or to be taken by the State Government, NIRMAN Kshetra Board, NIRMAN Kshetra Authority, NIRMAN Kshetra Committee or the appellate authority, Grievance Redressal Committee and Dispute Settlement Committee in the exercise of any power conferred by or under this Act.br

1. (2) No injunction shall be granted by any civil court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under thus Act.br
2. (3) An order passed, or a direction given by the State Government to the Board, NIRMAN Kshetra Authority, NIRMAN committee or the appellate authority, Grievance Redressal Committee and Dispute Settlement Committee under the provisions of this Act or an order passed, or notice issued by the NIRMAN Kshetra Board, NIRMAN Kshetra Authority, NIRMAN Kshetra Committee or the appellate authority, Grievance Redressal Committee and Dispute Settlement Committee under the provisions of this Act shall be final and binding.

48. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.br

1. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -br
   • (a) the activities and services to be prescribed under clause K of section 2;br
   • (b) the facilities for public and civic purposes to be prescribed under clause Z of Section 2;br
   • (c) the remuneration, allowance and other conditions of service of members of the Board under sub-section (9) of Section 7;br
   • (d) the remuneration, allowance and other conditions of service of nonofficial members of a NIRMAN Kshetra Authority under sub-section (3) of section 10;br
   • (e) the contents of Master Development Plan to be prescribed under subsection (1) of section 18;br
   • (f) the conditions and restrictions subject to which and the manner in which the land may be disposed of under section 28;br
   • (g) the services on which, rates at which, and the manner in which, user charges may be imposed under clause (gg) of sub-section (1) of section 11;br
   • (h) the form and manner in which accounts of the NIRMAN Kshetra Authority shall be prepared and maintained, the other manner in which accounts of the NIRMAN Kshetra Authority may be audited and the charges of audit to be paid by the NIRMAN Kshetra Authority under sub-sections (3), (4) and (5) of section 36;br
     • (i) any other matter which is to be or may be prescribed or in respect of which provision is to be, or may be, made by rules.br
2. (3) All rules made under this section shall be laid, as soon as may be after they are so made, before each House of the State Legislature, while it is in session for a period of not less than fourteen days, which may comprise in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

49. The Board may make regulations not inconsistent with the provisions of this Act and the rules made thereunder to carry out the purposes of this Act and for enabling it to discharge its functions under this Act, including the following, namely: -br

1. (a) for development, operation, regulation and management of the NIRMAN Kshetras within the State and for development of infrastructure within the NIRMAN Kshetra;br
2. (b) form, particulars, manner and fee of proposal by a person who intends to start an economic activity or set up a unit, amenity or infrastructure project in the NIRMAN Kshetra or who intends to undertake integrated development.

50. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appears to it to be necessary or expedient for removing the difficulty:br Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.

1. (1) As soon as may be after the commencement of this Act, the State Government may, by notification in the Official Gazette, establish a Board to be called the NIRMAN Kshetra Board with effect from such date as may be specified in the notification. (2)The headquarters of the Board shall be at Lucknow or at such other place as the State Government may, by notification in the Official Gazette, specify.
2. (3) The State Government shall provide such officers and servants to the Board as it may consider necessary for the efficient discharge of functions of the Board.
3. (4) The Board may obtain from the State Government, a Government agency, a NIRMAN Kshetra Authority, a local authority or a developer, any information which is required for performing its functions under this Act.
4. (5) The Board shall consist of a Chairperson, Vice-Chairperson, MemberSecretary, and such number of members as prescribed in sub-section (10) of section 7 of this Act.
5. (6) The Chairperson, Vice-Chairperson and every other member of the Board shall hold office during the pleasure of the State Government.
6. (7) No Act or proceeding of the Board shall be invalid merely by reason of any vacancy therein or any defect in the constitution thereof.
7. (8) The Board may associate with itself any person whose assistance or advice is required in performing any of its functions under this Act.
8. (9) The remuneration, allowance and other conditions of service of the members of the Board shall be such as may be prescribed by the rules. (10)The constitution of the Board shall be as follows:- Chairperson Chief Minister of Uttar PradeshVice ChairpersonMinister for Industrial Development, Uttar PradeshMemberMinister of Micro Small and Medium Enterprises, Uttar Pradesh MemberMinister of Revenue, Uttar Pradesh MemberMinister of Labour and Employment, Uttar PradeshMemberMinister of Finance, Uttar PradeshMemberChief Secretary, Government of Uttar PradeshMemberInfrastructure & Industrial Development Commissioner, Government of Uttar PradeshMemberAdditional Chief Secretary /Principal Secretary, Micro Small and Medium Enterprises Department, Government of Uttar PradeshMember SecretaryPrincipal Secretary, Infrastructure & Industries Department, Government of Uttar PradeshMemberChairman, Board of Revenue MemberAdditional Chief Secretary/Principal Secretary, Labour and Employment DepartmentMemberChief Executive Officers, NIRMAN Kshetra Authorities

8. The Board shall have the following powers and functions, namely:-

1. (1) to exercise all powers conferred on it and discharge all functions assigned to it for any NIRMAN Kshetra declared under the provisions of this Act.
2. (2) to identify difficulties in development of NIRMAN Kshetra in the State and to make recommendations on any matter or proposal requiring action by the State Government, Central Government, any Government agency, or the National Capital Region Planning Board including coordination with them for achieving the purposes of this Act or in furtherance of the objects thereof, including making of or amendments to any policy or law;
3. (3) to propose, with recommendations, to the State Government,for making such provisions as may be necessary for proper development, operation, regulation, and management of NIRMAN Kshetra
4. (4) to facilitate provision of timely clearances and approvals by the NIRMAN Kshetra Authority
5. (5) to promote the development of NIRMAN Kshetra and the periphery and issue necessary instructions to the agencies involved;

9. (1) The Board may appoint an Executive Committee and such other committees and sub-committees consisting of such number of members for efficient performance and exercise of its powers conferred under this Act, as may be specified by regulations.

1. (2) The executive committee would be chaired by the Chairperson of the Board, unless otherwise specified by the Board.